Stuart v. Noble Ditch Co.

Citations

• 9 Idaho 765
• 76 P. 255
• 1904 Ida. LEXIS 89

Syllabus

<p>Damages — Water Ditch — Insufficiency of Evidence — Verdict—Employee — Management—Instruction.</p> <p>1. Evidence held insufficient to support the verdict.</p> <p>2. If the employee of a corporation having the management of an irrigating canal opens a wastegate to relieve the canal of an overplus of water and thereby injures a land owner, the corporation is liable therefor, and it is error to eject evidence of such fact if made an issue in the case.</p> <p>3. Under the provisions of section 4207, Revised Statutes, pleadings must be liberally construed with a view to substantial justice between the parties.</p> <p>4. It is not error for the court to admit evidence tending to establish a material issue made by the pleadings.</p> <p>5. A member of the board of directors of a water corporation, who consented to the location, plan and method of the construction of a water canal, cannot' recover damages sustained by him by reason of seepage therefrom, until the company had had notice thereof, and a reasonable time thereafter in which to repair such canal.</p> <p>6. Nor can he recover any damage if it were plain, obvious and readily foreseen that seepage would result from such canal by reason of its location and construction in the manner and method planned.</p> <p>7. A person may recover for damage sustained by reason of the mismanagement of a canal which damage resulted from defective wastegates, or from opening them to relieve the canal from an over-supply of water, or from neglect in keeping the canal in proper repair.</p>